The URL can be used to link to this page

Backup Documents 02/09/2010 Item #16F3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J 6 F 3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's shmature, draw a line through routing lines # I through #4, comDlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routino order) I. 2. - 3. - - 4. . (liJ.. 5. Ian Mitchell, BCC Office Board of County Commissioners V-- -z.htlO Supervisor 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff .-r:~ rt-Q.'2..l-:e....... Contact '-.l t.. Agenda Date Item was A roved by the BCC Type of Document Attached Pbone Number Agenda Item Number i A~Md te-tkv- Number of Original Documents Attached 2.S2-3l..CQ (lDt3 ~ Ovi< t r.als Yes (Initial) N/A(Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appro riate. Originai document has been signediinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resoiutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's signature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip shouid be provided to Ian Mithchell in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by tbe BCC on q (enter date) and all cbanges made during the meeting have been incorporated i the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. cB d' cb Cb cJ) c.P 2. 3. 4. 5. 6. I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 16F3 MEMORANDUM Date: February 10, 2010 To: Joe Frazier, Emergency Management Coordinator Bureau of Emergency Management From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Department of Homeland Security Grant Agreement (No. 10-DS-39-09-21-01-39) between Collier County and Florida's Division of Emergency Management accepting $25,500 for Emergency Management Program Enhancements Attached are the original award letter and grant agreement, referenced above, (Item #16F3) approved by the Board of County Commissioners February 9, 2010. If you have any questions or if I can be of any further assistance please call me at 252-8406. Thank you. Attachment (1) !,~ .~ STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT 16F3 CHARLIE CRIST Governor RUBEN D. ALMAGUER Interim Director October 30, 2009 Subgrantee: Collier County Emergency Management Issue Number Project Title #7 Delivery ofICS 300 & 400 #7 Exercise Program (Table Top) #7 Update iocal plans based on Exercises Grant Period: October 1,2009-Apri130,2012 Final Allocation $5,250.00 $15,000.00 $5,250.00 Total Amount of Award: $25,500.00 Federal Grant No.: 2009-SS-T9-0081 State Agreement No.: Provided upon execution In accordance with the provisions of Federal Fiscal Year 2009 State Homeland Security Grant Program, the Florida Division of Emergency Management hereby awards to the foregoing Subgrantee a grant in the amount shown above. The CFDA number is 97.067 and Florida Division of Emergency Management federal grant number is 2009-SS-T9-0081. Payment of Funds: The original signed copy of this Award must be signed by the Official Authorized to Sign in the space below and returned to the Florida Division of Emergency Management before execution of your agreement. The subgrantee should not expend any funds until they receive a fully executed agreement from the Florida Division of Emergency Management and all Special Conditions are satisfied. Grant funds will be disbursed to subgrantees (according to the approved project budget) upon receipt of evidence that funds have been invoiced and products received and/or that funds have been expended (i.e., invoices, contracts. itemized expenses, etc.). SUDolantation: The Act requires that subgrantees provide assurance that subgrant funds will not be used to supplant or replace local or state funds or other resources that would otherwise have been available for homeland security activities. In compliance with that mandate. I certify that the receipt of federal funds through Florida Division of Emergency Management shall in no way supplant or replace state or local funds or other resources that would have been made available for homeland security activities. Conditions: I certify that I understand and agree that funds will only be expended for those projects outlined in the funding amounts as individually listed above. I also certify that I understand and agree to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions of the Act governing these funds and all other federal laws; that all information is correct; that there has been appropriate coordination with affected agencies; that I am duly authorized to commit the applicant to these requirements; and that all agencies involved with this project understand that all federal funds are limited to a thirty-month (30) period. FLORIDA RECOVERY OFFICE 36 Skyline Drive Lake Mary. FL 32746-6201 . DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallah.assee. FL 32399-2100 Tel 850-413-9969. Fax: 850-488-1016 www.Flnrid1lJ)jsa,l~r Of" STATE I.OGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809.5631 16F 3 '8'."".." , '! ' ,. . '<!.,~,o;~,W STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT CHARLIE CRIST Governor RUBEN D. ALMAGUER Interim Dircclor SPECIAL CONDITIONS I. The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles. and Audit Requirements. A non-exclusive list of regulations commonly applicable to DHS grants are listed below: A. Administrative Requirements . 44 eFR Part 13, Uniform Administrative Requirements tor Grants and Cooperative Agreements to State and Local Governments . 2 CFR Part 215, Uniform Administrative Requirements tor Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Protit Organizations (OMB Circular A-liD) I3. Cost Principles . 2 eFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) . 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) . 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMS Circular A-122) . Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations C. Audit Requirements . OMS Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations . Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval ofFEMA. . The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2009 HomchlOd Security Grunt Program guidance and application kit. . The recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (ElIP) resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately ccase construction in that area and notity FEMA and the appropriate State Historic Preservation Office. Any construction activities that ha\c been initiated without the necessary EHP review and approval will result in a non- compliance linding and will not he eligible for FEMA funding. ACCEPTANCE FOR THE SUBGRANTEE. .... J1.~ L"J (p-~y~{ , "'.-. -~~-,~ ,- Signature ofOfticral Authorized to S for County . . 2/'1lto Signature of State Administrative Agent Colleen Greene, Assistant County Attorney A nEST; OWIGHTE, BROCK. Clerk ( . . DIVISION HEAIlQUARTERS 2555 Shumard Oak Boulevard T;;llaba'.ce. FL .1239')-2100 lei H'iO_4J:\_')<){,9. Fax 850-488-10]() ~:.!i~~.i!_EL.ilili~ STATE LOGISTICS RESPO~SE CENTER 2702 Directors Row Orlando, FL 32809-51>31 16F 3 CO~r County ----"""-- Budget Detail Facts Sheet For Budget/Finance Use BA# Grant Title: ST Homeland Security FY10 PPM Budget 10: EO-00000001-01 I Sponsor: ST Homeland Security Department of Community Affairs Sponsor Project Budget Summary: Fund # Fund Description BUREAU EMER SVS GRAN 713 Date Prepared (Attach Exec Summary): Jan 20, 2010 Date Approved By BCC/CM: Feb 9, 2010 Agenda Item #: 16F Fund Center Funded Program Commitment Item Commitment Item Description Amount EO-OO 631990 OTHER PROFESSIONAL FEES 0.00 144214 EO-OO 639990 OTHER CONTRACTUAL SERVICE 25.500.00 EO-OO 640300 OUT OF COUNTY TRAVEL 0.00 PROFESSIONAL DEVEL EO-OO 652990 OTHER OPERATING SUPPLIES 0.00 EO-OO 640200 MILEAGE REIMBURSEMENT 0.00 REGULAR EO-OO 649990 OTHER MISCELLANEOUS 0.00 SERVICES EO-OO 654110 BOOKS PUBLICATIONS AND 0.00 SUBSCRIPTIONS EO-OO 634141 DISASTER EXERCISES 0.00 EO-OO 634999 OTHER CONTRACTUAL SERVICES 0.00 EO-OO 640310 OUT OF COUNTY TRAVEL 0.00 REGULAR BUSINESS EO-OO 651110 OFFICE SUPPLIES GENERAL 0.00 EO-OO 654360 OTHER TRAINING EDUCATIONAL 0.00 EXPENSES TOTAL EXPENSE 25,500.00 Fund Center Funded Program Commitment Item Commitment Item Descrfptlon Amount 144214 EO-OO 334245 DEPARTMENT OF COMMUN 25,500.00 TOTAL REVENUE 25.500.00 Total Sponsor Budget: Cost Sharing Requirement: 25.500.00 0.00 16F 3 Total Project Budget (+ Cost Sharing): 25.500.00 16F31 Sponsor Project Budget Detail: . Spon80r Class Total Amount . Shartng Rata Spon8or Program Coat Shartng RequIrement Total Program Budget - ST HOMELAND SECUI PLANNING 0.00 0.00 0.000 ST HOMELANO SECUI PLANNING 25,500.00 0.00 0.000 ST HOMELAND SECUI PLANNING 0.00 0.00 0.000 ST HOMELAND SECUI PLANNING 0.00 0.00 0.000 ST HOMELAND SECUI TRAINING 0.00 0.00 0.000 ST HOMELAND SECUI TRAINING 0.00 0.00 0.000 ST HOMELANO SECUI TRAINING 0.00 0.00 0.000 ST HOMELAND SECUI TRAINING EXERCISE 0.00 0.00 0.000 ST HOMELANO SECUI TRAINING EXERCISE 0.00 0.00 0.000 ST HOMELANO SECUI TRAINING EXERCISE 0.00 0.00 0.000 ST HOMELANO SECUI TRAINING EXERCISE 0.00 0.00 0.000 ST HOMELAND SECUI TRAINING EXERCISE 0.00 0.00 0.000 Why are funds needed? Funds are needed to obtain accreditation from the Emergency Management Accreditation Program (EMAP) which will greatly improve capabilities in our EM program and provide an opportunity to assess our program against established national standards. Where are funds available? Funds are available from the Dept. of Homeland Security Grant awarded by the Florida Division of Emergency Management, Contract # 10-DS-39-09-21-01-39. Review Process Cost Center Director: Date: Division Administrator: Date: Budget Department: Date: Agency Manager: Date: Finance Department: Date: Clerk to the Board Admin: Date: IBA number (SAP): 16F3 /""""'-.. MEMORANDUM To: February 10,2010 -Prh y1 t e.v\Y' ~ D'^ Y\ ler, mergency Management Coordinator Bureau of Emergency Management ~V\s\1V\e. ~~ . , r. Deputy Clerk - ['fV\€. c..y N(}ll\t).~UY\e~ . Mimltes & R~cords Department ~ ch~ol -to / 1\- DS. 2<i-o'1-.:l-l - ; Dl-d-."10 Department of Homeland Security Grant Agreement (No. 10-DS-39-09-21-01-39) between Collier Lounty and Florida's Division of Emergency Management accepting $25,500 for Emergency Management Program Enhancements Date: From: Re: --. Attached are the original award letter and grant agreement, referenced above, (Item #16F3) approved by the Board of County Commissioners February 9, 2010. If you have any questions or if I can be of any further assistance please call me at 252-8406. . Thank you. -i\hV\L - T ~ ~ '+k ~ ~'1~~~ '^t:;ve.erne-d-~.. 'tjQ.o.M' v'(. c...cycl~ . avtsH~ ~ Attachment (1) ... ... ... _>i 16F3 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT CHARLIE CRIST Governor DAVID HALSTEAD Director December 6, 2010 Joseph W. Frazier Collier County Emergency Management 8075 Le1y Cultural Parkway Naples, Florida 34113 Re: Agreement #: 11-DS-29-09-21-01-240 Dear Mr. Frazier: Enclosed is your fully executed agreement between Collier County Emergency Management and the Florida Division of Emergency Management. Under Section (13)(c), Notice and Contact, of this Agreement, you have been identified as the Representative of the Recipient responsible for the administration of this Agreement. Therefore, it is your responsibility to thoroughly read, understand and oversee the compliance of all the conditions within this Agreement. Attached are the complete AMENDED package of forms identified in Section (7) (a) through (e). It is very important that these reports be fully completed and remitted within the time frames specified under Section (7). Failure to supply this informationin a timely manner can cause non-compliance of this Agreement or a delay in processing your reimbursement requests. If you have any questions in this regard, please contact me at 850-488-9441 or by E-mail: Michael.day@em.myflorida.com ii!bj4 Michael J. Day Community Assistance Consultant Bureau of Finance MD Enclosure F LOR IDA R E C 0 V E R Y 0 F F ICE . 0 I V I S ION HE A 0 QUA R T E R S . STATE LOGISTICS RESPONSE CENTER 36 Skyline Drive 2555 Shumard Oak Boulevard 2702 Directors Row Lake Mary, FL 32746-6201 Tallahassee, FL 32399:2100 Orlando, FL 32809-5631 Tel: 850-413-9969 . Fax: 850-488-1016 www.FloridaDisaster.or!:! 16F3 Contract Number: 11-DS-29-09-21-01 - /.--0/ 0 CFDA Number: 97.067 FEDERALLY-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Collier County Emergency Management, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) SCOPE OF WORK. The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS. RULES, REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment S. (3) PERIOD OF AGREEMENT. This Agreement shall begin October 1, 2009 and shall end April 30, 2012, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEP1NG (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal OMB Circular No. A-102, Common Rule: Uniform Administrative Requirements for State and Local Governments" or OMB Circular No. A-11 0, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21 , "Cost Principles for Educational Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) Page 1 16F 3 organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division. The five year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Page 2 ,j 16F3 (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Division. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A- 133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non-Federal funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient to: The Division at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla.parrish@dca.state.fI.us] and Division of Emergency Management Finance and Administration 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at htto://harvester. census. aov/faclcollectJddeindex. html Page 3 16F 3 And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMS Circular A-133, as revised. (f) Pursuant to Section .320 (t), OMS Circular A-133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Division at the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla.parrish@dca.state.fl.us] and Division of Emergency Management Finance and Administration 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non-compliance. U) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close- out report. These reports shall include the current status and progress by the Recipient and all Page 4 16F3 subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDI ES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports and information identified in Attachment D. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division or the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division or the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY Page 5 ~ 16F3 (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES. If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone or more of the following remedies, either concurrently or consecutively: Page 6 16F 3 (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (13) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. Page 7 4 16F 3 (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Larry A. White 2555 Shumard Oaks Blvd Tallahassee, Florida 32399 Telephone: 850-488-3133 Fax: 850-488-7842 Email: larry.white@em.myflorida.com ( c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Joseph W. Frazier Collier County Emergency Management 8075 Lely Cultural Parkway Naples, FL 34113 Telephone: 239-252-3605 Facsimile: (239-252-3609 ioseohfrazier@col/ieraov.net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as outlined in (13)(a) above. (14) SUBCONTRACTS Page 8 j 16F3 If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcoptractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations . Attachment C - Justification of Advance Attachment D - Warranties and Representations Attachment E - Certification Regarding Debarment Attachment F - Statement of Assurances (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $ ~S". ~ 00 . tX> , subject to the availability of funds. , (b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat.. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested below, thca budget data on which the request is based and a 9 .j 16F3 justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. An advance payment of $ 0 is requested (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the following address: Department of Community Affairs Cashier Fiscal Management 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. Additional special conditions are listed on Attachment B. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement Shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is Page 10 j 16F 3 unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a publiC building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(9)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. Page II 16F3 In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment E) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters Into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. U) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. (I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286,011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (0) All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (20) LOBBYING PROHIBITION Page 12 16F3 (a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient Page 13 16F 3 shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are prodUCed, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment F. Page 14 , 16F 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. By: RECIPIENT: COLLIER COUNTY EMERGENCY MANAGEMENT '1v-L W. ~ Fred W. Coyle, Chai n !J./q 110 Date: FEID# 59-60000558 . . .~ A nEST: DWig.ti.(~. ,Brock, Clerk By: ' " Dep ....1/... ,t..... .,,, roved as to Form and Legal Sufficiency STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT , B LrJ. I /J~. A.1 ---~ Y . "i<..u-r:-<. ~."'~ - kName and Title: ~IJ HdJ:..J, {)irJ.b:{,r Date: );+'/ -/0 Page 15 of 48 J 16F 3 EXHIBIT -1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: NOTE: /fthe teSOUfCfJS awarded to the Recipient are from more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program Federal agency: Department of Homeland Security Catalog of FederaIDomestic Assistance title and number: 97.067 Award amount: $ 25,500.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: NOTE: If the resources awarded to the Recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: Ust applicable compliance requirements as follows: 1. Recipient is to use funding to perform the following eligible activities as identified in the United States Department of Homeland Security, Federal Emergency Management Agency, National Preparedness Directorate Fiscal Year 2009-10 State Homeland Security Grant Program (SHSGP). consistent with the Department of Homeland Security State Strategy. 2. Recipient Is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. NOTE: Section AOO(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Recipient. Page 16 i .. ., .. } 16F 3 Budget and Scope of Work Proposed Program Budget ... Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient Is to utilize the .Proposed Program Budget" as a guide for completing the -Budget DetaR Worksheet" below. .. The transfer of funds between the categories listed in the -Proposed Program Budget" is permitted. Collier County FY 2009 - State Homeland Emergency Management Security Grant Pnvam - Issue 7 Planning Training 5,250 15,000 Exercise 17 ., J } -' 16F 3' Budget Detail Worksheet The Recipient is required to provide a completed budget detail worksheet. to the Division. which accounts for the total award amount as desaibed In the -Proposed Program Budget". tf any changes need to be made to the -Budget DetaU Worksheef, .. the execution of this contract, contact the grant manager listed in this agreement via emall or letter. Developing scenario plans that Incorporate the range of prevention, protection, response. and ~ . activities for a scenario Developing and implementing homeland security support programs and adopting DHS national Initiatives Developing related terrorism prevention activities Developing and enhancing plans and protocols Developing or conduct1ng assessments Hiring of fun or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfBling traditlonal public safety duties) Conferences to facilitate ptannlng activities MaterlaIs required to conduct planning activities Travellper diem related to planning activities 1 $5,500 5,500 #11 1 $15,000 $15,000 #11 18 " } 16F 3 Overtime and backfill costs - Payment of overtime expenses WIll be for work performed by award (8M) or sub-award employees in excess of the established work week (usually 40 hours) retated to the planning actiYities for the development and implementation of the ~ms under HSGP. Other projects areas with prior approval from FEMA .. Overtime and backfill for emergency prepaI9dness and response personnel attending FEMA-sponsored and approved training classes. Overtime and backfill expenses for part- time and volunteer emergency response personnel participating in FEMA training. Training Workshops and Conferences FuR or Part-Time Staff or ContractorsIConultants Travel Supplies Tuition for higher education 1 $5,000 $5,000 tI1 Other Items Design, Develop, Conduct and Evaluate an Exercise Exercise Planning Workshop - Grant funds may be. used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting 19 " 16F3 space and other meeting costs, facilitation costs, materials and supplies. travel and exercise plan development. Fun or Part- Tune Staff or Contractors/Consultants - FuU or part-time staff may be hired to support exercise- related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unil(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of oontrac.torslconsultanls.may also be procured to support the design. development, conduct and evaluation of CBRNE exercises. The applicants formal written procurement policy or the FederaJ Acquisition Regulations (FAR) must be followed. Overtime and backfill costs - Overtime and backfII costs, including expenses for part-time and volunteer emergency response personnel participating in FEMA exercises Implementation of HSEEP Travel- Travel costs (I.e.. airfare. miteage. per diem. hotel. etc.) are allowable as expellSe$ by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law as ..-.. . h' ~ed in the OJP Financial Guide. IQ ---.-.----..... ......----------. -- . ---- States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow 20 '\ ~ " .r 16F3 federal guidelines and rates, as explained in the OJP Financis/ Guide. For further information on federal law pertaining to travel costs please refer to httD:Jlwww.oiD.usdoi.aovlFinGuide. Supplies .. Supplies are items 1hat are expended or consumed during the course of the planning and conduct of tile exercise projecl(s) (e.g.. copying paper, gloves. tape, non-sterile masks. and disposable protective equipment). Other Items - These costs include the rental of spaceJlocations for exereise planning and conduCt. exercise signs. badges, etc. 21 . ......... '\ , .I 16F 3 B. Scope of Work Funding is provided to perform eligible activities as identified in the Fiscal Year 2009 Homeland Security Grant Program, consistent with the Department of Homeland Security state Strategy. The intent of this agreement is to complete the following approved projects: I. Issues and Project D&scriptlon Issue 7 . Local Planning, TralnlAg and exercises- The project provides support to Florida's 67 counties through all hazard and all-discipline funding for a variety of plans, training and exercises. Each county was allowed to choose a gap that existed in their county from a list of specific plans, NIMS compliant training or exercises. These exercises were also chosen from a list of tabletop, functional or executive level. Cost estimates based on size of the county were gathered from the most recent available information. II.Categorles and Eligible Activities Eligible activities are outlined in the Scope of Work for each category below. FY2009 SHSGP allowable costs are divided into the following categories: planning. training and exercise coets. Each category's allowable costs have been listed in the -Budget Detail Worksheef above. Eligible activities should support the above approved projects. A. Planning Developing scenario plans that incorporate the range of prevention, protection, response, and recovery activities for a scenario Developing and Implementing homeland security support programs and adopting OHS national initiatives Including but not limited to the following: . Implementing the National Preparedness Guidelines . Enhancing and implementing Statewide Communication Interoperability Plans (SCIP) and Tactical Interoperable Communications Plans (TlCP) 1--1- ~ J 16F3 . Aligning SC1Ps and TICPs to the goals and objectives of the National Emergency Communications Plan (NECP) . Costs associated with the adoption, implementation and adherence to NIMS compliance requirements, including implementing the NIMS National Credentialing Framework. . Modifying existing incident management and EOPs to ensure proper alignment with the NRF coordinating structures, processes, and protocols . Establishing or enhancing mutual aid agreements . Developing communications and interoperability protocols and solutions . Conducting local, regional, and Tribal program implementation meetings . Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIMS Integration Center (NIC) . Designing State and local geospatial data systems . Conducting public education and outreach campaigns, including promoting individual, family and business emergency preparedness; alerts and warnings education; and evacuation plans as well as lED or bombing prevention awareness . Preparing materials for the State Preparedness Report (SPR) Developing related terrorism prevention activities Including: . Developing law enforcement prevention activities, to include establishing and/or enhancing a fusion center . Hiring an IT specialist to plan, develop, and implement the IT applications necessary for a fusion center . . Developing and planning for lnfonnationlintelligence sharing groups . Hiring contractors and consultants to make recommendations on the development of a fusion center . Integrating and coordinating public health care and health security data gathering (threats to human and animal health) within State and local fusion centers to achieve early warning and mitigation of health events . Integrating and coordinating private sector participation with fusion center activities . Acquiring systems allowing connectivity to State, local, and Federal data networks, such as the National Crime Information Center (NCIC) and Integrated Automated Fingerprint Identification System (IAFIS), as appropriate . Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery L", j "\ 1 16F 3 . Multl-discipline preparation across first responder community, including EMS for response to catastrophic events and acts of terrorism . Public information/education: printed and electronic materials, public service announcements, seminarsltown haD meetings, web postings coordinated through local Citizen Corps Councils . Citizen Corps volunteer programs and other activities to strengthen citizen participation . Conducting public education campaigns, including promoting Individual, family and business emergency preparedness; promoting the Ready campaign; and/or creating State, regional or local emergency preparedness efforts that build upon the Ready campaign . Evaluating CIP security equipment and/or personnel requirements to protect and secure sites . CIP cost assessments, including resources (e.g., financial, personnel) required for security enhancements/deployments . Multi-Jurisdlction Bombing Prevention Plans (MJBPP) . Underwater Terrorist Protection Plans Developing and enhancing plans and protocols, including but not limited to: . Developing or enhancing EOPs and operating procedures . Developing or enhancing Ioca~ regional, or Statewide strategic or tactlcalinteroperable emergency communications plans . Implementing Statewide Communication lnteroperabiliy Plans (SCIP) and Tactical Interoperable Communications Plans (TICP) . Aligning SCIPs and TICPs to the goals and objectives of the NECP . Developing protocols or standard operating procedures for specialized teams to incorporate the use of equipment acquired through this grant program . Developing terrorism prevention/deterrence plans . Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies . Developing or enhancing border security plans . Developing or enhancing cyber security plans . Developing or enhancing secondary health screening protocols at major points of entry (air, rail, port) . Developing or enhancing cyber risk mitigation plans . Developing or enhancing agricultureJfood security risk mitigation, response, and recovery plans , r E t4 ~ ; { I f \. j 16F3 . Developing public/private sector partnership emergency response, assessment, and resource sharing plans . Developing or enhancing plans to engage and interface with, and to increase the capacity of, private sector/non-govemmental entities working to meet the human service response and recovery . needs of victims . Developing or updating local or regional communications plans . Developing plans to support and assist jurisdictions, such as port authorities and rail and mass transit agencies . DevelOping or enhancing continuity of operations and continuity of government plans . Developing or enhancing existing catastrophic incident respOnse and recovery plans to include and integrate Federal assets provided under the NRF . Developing or enhancing evacuation plans . Developing or enhancing citizen surge capacity . Developing or enhancing plans for donations and volunteer management and the engagementlintegration of private sectorInon-govemmental entities in preparedness, response, and recovery activities . Developing or enhancing Bombing Prevention Plans . Developing school preparedness plans . Ensuring jurisdiction EOPs adequately address warnings, emergency public information, evacuation, sheltering, mass care, resource management from non-govemmental sources, unaffiliated volunteer and donations management. and volooteer resource integration to support each Emergency Support Function. to include appropriate considerations for special needs populations . Developing and implementing civil rights, civil liberties and privacy policies, procedures, and protocols . Designing and developing State and local geospatial data systems Developing or conducting assessments, Including but not limited to: . Conducting point vulnerability assessments at critical infrastructure siteslkey assets and develop remediation/security plans . Conducting or updating interoperable emergency communications capabilities assessments at the local, regional, or Statewide level . Developing border security operations plans in coordination with CBP . Developing, implementing. and reviewing Area Maritime Security Plans for ports. waterways. and coastal areas ~5 I .. .. ~ 16F 3 . Updating and refining threat matrices . Conducting cyber risk and vulnerability assessments . Conducting assessments and exercising existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and State resources . Conducting Bombing Prevention Capability Analysis . Activities that directly support the identification of specifIC catastrophic incident priority response and recovery projected needs across disciplines (e.g. laW enforcement, fire, EMS, public health, behavioral health, public works, agriculture, information technology, and citizen preparedness) . Activities that direcUy support the identification of pre-designated temporary housing sites . Conducting community assessments, surveys, ancl research of vulnerabilities and resource needs, and determine citizen education ancl participation to meet the needs . Conducting Citizen Corps program assessments and evaluations, citizen preparedness surveys, volunteer impact studies, and cost/benefit analysis . Soft target security planning (pubnc gatherings) . Participating in the FEMA Gap Analysis Program Hiring of full or part-tIme staff or contractors/consultants to assist with planning activltlee . Grantees cannot use funding to hire public safety personnel fulfilling traditional public safety duties. Conferences to facilitate planning activities Materials required to conduct planning activities TraveUper diem related to planning activities Overtime and backfill . Payment of overtime expenses will be for work performed by award (8M) or sub-award employees in excess of the established work week (usually 40 hours) related to the planning activities for the development and implementation of the programs under HSGP. (lAW operational Cost Guidance) Other project areas with prior approval from FEMA 2." ) .. .f 16F 3 B. Training Allowable training-related costs include, but are not Umited to, the following: . Funds used to develop, deliver, and evaluate training, Including costs related to administering the training, piannlng, scheduling, facilities, materials and supplies, reproduction of materials, and equipment . Overtime and Backfill costs. as defined in this guidance. associated with attending or teaching FEMA-sponsored and/or approved training courses and programs are allowed. These costs are alowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from both their unit or agency of government AND from an award fora single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. FtM'ther, overtime costs associated with employees who participate in training in a teaching role for which they are compensated are not allowed. . Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. . HIring of Full or Part-Time Staff or Contractors/Consultants to support training-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the State or unit(s) of local government and have the approval of the State or awarding agency, whichever is applicable. Such costs must be included within the funding allowed for program management personnel expenses, which must not exceed 15 percent of the total allocation as specified in section E.6. In no case is dual compensation allowable (see above). . Certlflcation/Reeertification of Instructors is an allowable cost. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses that involve training of trainers. This information is contained in a Information Bulletin #193, issued October 20,2005. Training Activitie$ t-.1 . " ,} ...... j 16F3 States, territories, and Urban Areas are strongly encouraged to use HSGP funds to develop a State/terrltory homeland security training program. Allowable training related costs under HSGP Include the establishment, support, conduct, and attendance of training specifically identified under the SHSP, UASI, MMRS, and CCP grant programs. Allowable training topics include, but are not rllTlited to, CBRNE terrorism, cyberlagriculturelfood security, intelligence gathering and analysis, NIMS related training, citizen and community preparedness, and training for volunteers. Training conducted using HSGP funds should address a performance gap identified through an After Action Reportllmprovement Plan (AARJIP) or contribute to building a capability that will be evaluated through an exercise. Exercises should be used to provide the opportunity to demonstrate and validate skills leamed in training, as well as to Identify training gaps. Any training or training gaps should be identified in the AARI1P and addressed in the State or Urban Area training cycle. All training and exercises conducted with HSGP funds should support the development and testing of the jurisdiction's Emergency Operations Plan (EOP) or SpecifIC annexes, where applicable. c. exercises Exercises conducted with FEMA support must be managed and executed In accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Volumes One, Two, and Three contain guidance for exercise design. development. conduct. evaluation, and improvement planning. HSEEP Volume Four provides sample exercise materials, and HSEEP Volume Five: Prevention Exercises contains guidance and recommendations for designing, developing, conducting, and evaluating prevention-focused exercises. All volumes can be found at htto://hse6o.dhs.aov. All exercises using HSGP funding must be NIMS compliant. More information is available online at the NIMS Integration Center. httD:I/www.fema.aov/emeroencv/nimslindex.shtm. Allowable exercise-related costs include: . Funds Used to Design, Develop, Conduct and Evaluate an Exerclse- Includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. . Hiring of Full or Part-Time Staff or Contractors/Consultants - Full or part- time staff may be hired to support exercise-related activities. Such costs must be included within the funding allowed for program management personnel expenses, which must not exceecl15 percent of the total allocation. The applicant's formal written procurement policy or the Federal Acquisition I,~ j 1 " J 16F3 Regulations (FAR) - whichever is more stringent - must be followed. In no case is dual compensation allowable. . Overtime and Backfil- Overtime and backfill costs associated with the design, development, and conduct of exercises are alloWable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of \oCal government and has the approval of the state or the awarding agency. whichever is applicable. In no case Is dual comoensation aRowable (see above). . Travel- Travel costs are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of exercise project( s). . suppr.. - Supplie$ are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). . Other Items - These costs indude the rental of spaceJlocations for exercise planning and conduct, rental of equipment (e.g., portable toilets, tents), food, refreshments, gasoline, exercise signs, badges, etc. Unauthorized exerclse-refated costs include: . Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). . Equipment that is purchased for permanent installation and/or use. beyond the scope of exercise conduct (e.g., electronic messaging signs). Exercise Scenarios. The scenarios used in HSGP-funded exercises must be based on the State's/Urban Area's Homeland Security Strategy and plans. Acceptable scenarios for SHSP, UASI, MMRS, and CCP exercises include: chemical, biological, radiological, nuclear, explosive, cyber, agricultural and natural or technological disasters. Exercise scenarios must be catastrophic in scope and size, as defined by the National Response Framework. The scenarios used in HSGP-tunded exercises must focus on validating existing capabilities and must be large enough In scope and size to exercise multiple tasks and warrant z.~ "". "- 16F 3 .i \ .; involvement from multiple jurisdictions and disciplines and nongovernmental organizations. Exercise scenarios should also be based on the Multiyear Training and exercise Plan. 'Models, Simulations and Game8 (MS&G). Grantees who wish to expend funds on models, simulations, or games (MS&G) must consult with -Review of Models, Simulations, and Games for Domestic Preparedness Training and Exercising, Volume 1/1, N which provides an overview and analysis of existing models, simulations, and games. Grantees can also consult with the MS&G Decision Support System, which automates the aforementioned report into a searchable database. Both the report and system are available through the HSEEP website. Special Event Planning. If a Urban Area will be hosting an upcoming special event (e.g., Super Bowl, G- 8 Summit); they anticipate participating in a Tier 2 National-Level Exercise as defined by the National Exercise Program Imptementatlon Plan (NEP I-Plan); or they anticipate that they will apply to be a venue for a Tiel' 1 National-Level Exercise, as defined by the I-Plan, they should plan to use SHSP or UASI funding to finance training and exercise activities in preparation for that event Slates and Urban Areas should also consider exercises at major venues (e.g., arenas, convention centers) that focus on evacuations, communications, and command and control. States shoukl also anticipate participating in at least one Regional Exercise annually. States must include all conflrmed or planned special events in the Multi-year Training and Exercise Plan. exercise Evaluation. All exercises win be performanoe-based and evaluated. An After-Action Reportllmprovement Plan (AARIIP) must be prepared and submitted to FDEM. following every exercise, regardless of type or scope. AARIIPs must conform to the HSEEP fonnat, should capture objective data pertaining to exercise conduct, and must be developed based on information gathered through Exercise Evaluation Guides (EEGs) found in HSEEP Volume IV. All applicants are encouraged to use the Lessons Learned Information Sharing System (LLIS.gov) as a source for lessons learned and to exchange best practices. Self-Sustaining Exercise Programs. Urban Areas are expected to develop a self sustaining exercise program. A self-sustaining exercise program is one that is successfully able to implement, maintain, and oversee the Multi-year Training and Exercise Plan, including the development and delivery of HSGP- funded exercises. The program must utilize a multi-disciplinary approach to the development and delivery of exercises, and build upon existing plans, training. and equipment. Role of Non-Govemmental Entitles In Exercises. Non-governmental participation in all levels of exercises is strongly encouraged. Leaders from nongovemmental entities should be Included in the 'So ., , , ".'" \ J 16F3 planning, conduct, and evaluation of an exercise. State and local jurisdictions are encouraged to develop exercises that test the integration and use of non-govemmental resources provided by nongovernmental entities, defined as the private sector and private non-profit, faith-based. community, volunteer and other non-govemmental organizations. Nongovemmental participation in exercises should be coordinated with the local Citizen Corps Council(s). 10. Program Requirements D. National Incident Management System (NIMS) Compliance HSPD-5, -Management of Domestic Incidents,. mandated the creation of NIMS and the National Response Plan (NRP). NIMS provides a consistent framework for entitles at all jurisdictional levels to work together to manage domestic incidents, regardless of cause, size, or complexity. To promote interoperability and compatibility among Federal, State. local. and tribal capabilities, NIMS includes a core set of guidelines. standards, and protocols for command and management, preparedness. resource management, communications and information management, supporting technologies, and management and maintenance of NIMS. The NRP I using the template established by NIMS, is an aIk:Iiscipline, all- hazards plan that provides the structure and mechanisms to coordinate operations for evoMng or potentlallncidents of National Significance, which are major events that -require a coordinated and effective response by an appropriate combination of Federal. State, toeal, tribal, private sector, and . nongovemmental entities" The NIMS Integration Center (NIC) recommends 38 NJMS Compliance ObjectiVes for nongovernmental organizations that support NIMS implementation. These activities closely parallel the implementation activities that have been required of State, territorial. tribal, and local governments since 2004 and can be found at www.fema.aovlDdfJemeraencv/nimslnaofs.odf.Tointegrate nonprofit organizations into the broader national preparedness effort, DHS encourages grantees to consider pursuing these recommended activities. Additionally, nongovernmen1al organizations grantees and sub-grantees will be required to meet certain NIMS compliance requirements. This includes all emergency preparedness, response. and/or security personnel in the organization participating in the development, implementation. and/or operation of resouroes and/or activities awarded through ltlis grant !D.Yitcomplete training programs consistent with the NIMS National Standard Curriculum Development Guide. Minimum training inciudes IS-700 NIMS: An Introduction. In addition, 1$-800.8 NRP: An Introduction, Incident Command System (ICS-100), Incldent Command System (ICS-200), Intermediate Incident Command System (G-300), and Advanced Incident '2ir I ~. ! .~ l , 16F3 j Command System (G-400) are also recommended. For additional guidance on NIMS training, please refer to httD:/Iwww.fema.aov/emeraencv/nimslnims tralnino.shtm. Additional information about NIMS implementation and resources for achieving compliance are available through the NIMS Integration Center (NIC), at httD:/Iwww.fema.oov/emeraencv/nlmsl. E. ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION COMPLIANCE GUIDELINES The following types of projects are to be submitted to FEMA for compliance review under Federal environmental planning and historic preservation (EHP) laws and requirements prior to initiation of the project: . New Construction. Installation and Renovation. including but not limited to: o Emergency Operation Centers o Security Guard facilities o Equipment buildings (such as those accompanying communication towers) o Water.side Structures (such as dock houses, piers, etc.) . Placing a repeater and/or other equipment on an existing tower . Renovation of and modification to buildings and structures that are 50 years old or older . Any other construction or renovation efforts that change or expand the footprint of a facility or structure including security enhancements to improve perimeter security . Physical Security Enhancements, including but not Ilmited to: o Lighting o Fencing o Closed-circuit television (CCTV) systems o Motion detection systems o Barriers. doors, gates and related security enhancements . Field based training and exercises including activities that involve ground disturbance, use of explosives. toxic agents or otherwise have the potential to cause impact to the environment or historical resources. This is {)nly a requirement if the exercise or field training is not being conducted by a certified professional or at an existing facility with established procedures. '$1,. , j ) 16F 3 In addition, the erection of communications towers that are Included In a jurisdiction's interoperable communications plan Is allowed, subject to all applicable laws, regulations, and licensing provisions. Communication tower projects must be submitted to FEMA for EHP review. EHP DETERMINATION PROCESS I. Submit the Final Screening Memo to the SAA for review prior to funds being expended. II, The 8M will review and notify the recipient of its decision. The grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements. APPROVAL PROCESS TO FEMA I. Prepare a formal written Scope of Work with details outlined in the attached EHP Compliance Requirements, page 2. II. The Final Screening Memo should be attached to all project information sent to the Grant programs Directorate (GPO) for an EHP regulatory compliance review. III. Complete the attached National Environmental Policy Act (NEPA) Compliance checklist IV. Prepare maps indicating the locatlon(s) of proposed project (Guidance provided) V. Take photographs of the Iocation(s) of proposed project (Guidance provided) VI. Forward all documents to the SM. All documents are then forwarded to GPO"electronically via the Centralized Scheduling and Information Desk (CSIO) at askcsid(6)dhs.aov. VII. CSID will send an email confirming receipt of the project description. VIII. FEMA Program Analyst sends notification to SAA when review is complete. SAA notifies recipient of FEMA's final decision. IX. THE PROJECT MAY BEGIN ONCE FINAL FEMA APPROVAL IS RECEIVED. Grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements. Grantees must receive written approval from FEMA prior to the use of grant funds for project implementation. ~~ j 16F3 III. Reporting Requirements 1. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 30. June 30, September 30 and December 30) for the life of this contract. If a report(s) is delinquent, Mure financial reimbursements will be withheld until the Recipienfs reporting is current. Proarammatic Reoortina Schedute Reporting Period Report due to DEM no later than January 1 through March 31 April 30 April 1 through June 30 July 31 July 1 through September 30 October 31 October 1 through December 31 January 31 2. Programmatic Reporting-BSIR After the end of each reporting period, for the life of the contract, the recipient will complete their Biannual St~gic Implementation Report in the Grants Reporting Tool (GRT) httos:/Iwww.reoortloo.odo.dhs.Qov. The reporting periods are January 1~June 30 and July 1-December 31. Data entry is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent 3. Reimbursement Requests: A request for reimbursement may be sent to your contract manager for review and approval at anytime during the contract period. The Recipient should include the category's corresponding line item number in the "Detail of Claims. fonn. This number can be found in the .Proposed Program Budger. A line item number is to be included for every dollar amount listed in the "Detail of Claims. form. 4. Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days after the agreement is either completed or the agreement has expired. ~tt "--" 16F 3 "', j ~ j 6. Monitoring: Florida Division of Emergency Management US Department of Homeland Security Grants program Grant Monitoring Process Florida has enhanced the state and local capability and capacity to prevent, e.repa~ and respond to terrorist threats since 1999 through yarious funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects and equipment the Florida Division of Emergency Management (FOEM) has a responsibility to track and monitor the status of the grant activity and Items purchased. The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable state and federal guidelines. The FDEM is responsible for monitoring the financial, programmatic and capability portion of the grant to include equipment procurement and compliance with applicable SHSGP grant guidance and statutory regulations. Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas reviewed during monitoring activities. financial and programmatic/capability. Financial monitoring Is the review of records associated with the purchase and disposition of property, projects and contracts. Capability review is the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during this proc.ess. Desk monitoring is defined as the review of projects, financial activity and technical assistance between the program office and the applicant via e-mail and telephone. Site visits are defined as actual visits to the recipient agency's location by a team or members of the FOEM or their designee, to actually observe records, procedures and equipment. Freauency of annual monitorina activity: Each year the FOEM will identify up to 50% of sub..grantees for site visit monitoring. It is Important to note that although a given grant has been closed successfully, it is still subject to either desk or on.site monitoring for a five year period fo/Iowing closure. ExamDles of areas that may be examined include: s.5" .i \ ) 16F 3 Management and administrative procedures Grant folder maintenance Equipment accountability and sub-hand receipt procedures Program for obsolescence Status of equipment purchases Status of training for purchased equipment Status and number of response trainings conducted to include number trained Status and number of exercises Status of planning activity Anticipated projected completion Specific difficulties completing the project. Agency NIMSlICS compliance documentation In certain circumstances, the FOEM may request additional monitoring/information If the activity, or lack there of, on the part of the specific recipient has generated questions from the region, the sponsoring state agency or the FOEM leadership. The method of gathering this information will be determined on 8 case-by-case basis. Desk monitoring is an ~oing process. Agency recipients will be required to participate in desk top monitoring on an annual basis and as determined by the FOEM. The agency recipients will complete and submit the desk top monitoring within 14 business calendar days of receipt. This contact will provide an opportunity to identify the need for technical assistance (T A) and/or a site visit if the FDEM determines that a recipient is having difficulty completing their project. As difficulties/deficiencies are identified. the respective region or sponsoring agency win be notified by the program office via emall. Information will include the grant recipient agency name, year and project descr1ption and the nature of the Issue in question. Many of the Issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further T A will be referred to the FDEM for assistance. Examples of T A include but are not limited to: 4. Equipment selection or available vendors ... Eligibility of items or services .. Coordination and partnership with other agencies within or outside the region or discipline t), . .~ ., J ) 16F3 SiJe VIsits Site visits will be conducted by the FDEM or designated personnel. Site visits will be scheduled In advance with the recipient agency POC designated in the grant agreement. Monitoring questionnaires will be provided in advance of the visit. The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. All findings related to the capability review will be documented and maintained within the FDEM. Site VIsit Protocol The following outlines the monitoring protocol for the FDEM: The site visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year (FFY). Site visits may be combined when geographically convenient. There is a site visit checklist to assist in the completion of all required tasks. Site VIsit PreDBration A letter will be sent to the recipient agency Point of Contact (POC) stating the purpose of the site visit at least 30 calendar days before the planned arrival date. FDEM personnel will call within the next 10 calendar days to schedule an appointment to review the grantee's program. The physical location of any equipment located at an alternate site should be confinned with a representative from that location and the address should be documented in the grantee folder before the site visit. The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder. Any personnel from the FDEM attending the site visit will review the grantee's corresponding folder(s) before the visil Prior to the visit, individual roles will be identified for the site visit. Copies of applicable documents will be made and distributed to the site visit team at a minimum of fIVe (5) calendar days before the visit. A reminder e-mail should be sent to all team members and the recipient POC one business day in advance of the site visit r7 ) " I .' 16F 3 Site Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted. they will then explain their objectiVes and will proceed to perform the financial review. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tourlvisuaVspot inspection of equipment will be conducted. Each Item should be visually inspected whenever possible. Bigger items (computers. response vehicles, etc.) should have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per recipient agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment <large capitol expenditures in excess of $1,000. per Item). If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that particular piece of equipment. Once the tourlvisuaVspot Inspection of equipment has been completed. the FDEM personnel will then conduct an exit conference with the grantee to review the findings. Other programmatic Issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions. etc. Post Site Visit FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if applicable. Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations. Should no issues or findings be identified, a monitoring report to that effect will be generated and sent to the grantee. The grantee will submit 8 Corrective Action Plan within a timeframe as determined by the FDEM. The Site Visit Worksheet, report and photographs wiD then be included in the grantee's file along with any documents distributed at the site visit by the grantee. F. Programmatic Point of Contact 3~ ..w...... \ ) ..'-', . , , ) 16F 3 Comractual Point of Contact Programmatic Point of Contact Larry A White Andrea Becraft FOEM FOEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee. fL 323S&2100 Tallahassee. FL 32399-2100 (850) 488-3133 {a50l410-3451 larrv.whiteaem.myftol:ida.com Andrea.becraft@em.myfIorida.com G. Contractual Responsibilities . The FDEM shall determine eligibility of projects and approve changes in scope of work. . The FOEM shall administer the financial processes. ?/r , ) ....-.... 16F3 .J AttachmentS Program Statutes, Regulations and Special CondlOons 1) 2) 3) 4} 5) 6) 7} 8} 9} 10) 11) 12} 13) 14) 15) 16) 17) 18) 19} 20) 21} 53 Federal Register 8034 Section 1352, Title 31, US Code Chapter 473, Florida Statutes Chapter 215, Florida Statutes E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, Uniform Relocation Assistance and Real property Acquisitions Act of 1970 Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat 975 Section 106 of the National Historic Preservation Act of 1966 as amended (16 use 470), Executive Order 11593 Archeofogical and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, Juvenile Justice and Delinquency Prevention Ad., or the Victims of Crime Act 28 CFR applicable to grants and cooperative agreements Omnibus Crime Control and Safe Streets Act. of 1968, as amended, 42 USC 3789(d), or VICtims of Crime Act (as appropriate); Title VI of the Civil Rights Ad of 1964, as amended; section 504 of the Rehabilitation Act. of 1973, as amended; Subtitle A. Title II of the Americans with Disabilities Act (ADA) (1990); Title DC of the Education Amendments of 1972; Age Discrimination Act of 1975; Department r:A Justice Non-Oiscrimlnation Regulations, 28 CFR Part 42, Subparts C,D,E, and G Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39 SoeciaJ Conditions 1. The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to Department of Homeland Security grants are listed below: A Administrative Requirements )- 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments > 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A-11 0) B. Cost Principles > 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMS Circular A-87) > 2 CFR Part 220, Cost Principles for Educational Institutions (OMS Circular A-21) > 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122) )> Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations c./f) " ; ) '-\ ! 16F3 c. Audit Requirements > OMS Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations 2. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, In support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. 3. The recipient agrees that all allocations and use of funds under this grant will be In accordance with the FY 2009 Homeland Security Grant Program guidance and application kit. 4. The recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of wort<: will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project Implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will Immediately cease construction in that area and notify FEMA and the appropriate state Historic Preservation Offlce. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding. 5. Each StatelUASI jurisdiction will contribute In full any cost share amount as submitted in the Investment Justification. eff .0 ~~'.. ,; ) 16F 3 Attachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checldng one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on Which the request Is based must be submilted. Any advance ~m under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shan not exceed tfte expec1ed cash needs of the Recipient within the initial three months of the Agreement. [ ] NO ADVANCE REQUESTED No advance payment is requested. Payment win be solely on a reimbursement basis. No additional information is required. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up suppfJeS and equipment We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet (A) (B) (C) (0) FFY FFY FFY Total DESCRIPTION 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENOlTURES1 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide lne 2 by line 1.) . First three months iXpendItures need only be provided for the years In which you request8d an advance. If you do not have this Infonnation, call your consultant and he or she wll assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X $ = DElI Award (Do not Include any match) MAXIMUM ADVANCE Cell D3 REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ ] Recipient has no previous DCAlDEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete Estimated Expenses chart and explanation of Circumstances below. Attach additional pages if needed. cf~ ..~ 16F 3 \ J J ESTIMATED EXPENSES BUDGET CATEGORY 2009-2010 AnticIpated Expendltu.... for First ThIN Months of Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES EXDIllnation of Ci(cumstances: t ~ >, t i E f t ~ " ,. c.f?' ( / 16F3 Attachment 0 Warranties and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Comoetition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of Interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shaD be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient Any and all bids or offers may be rejected when It is in the Recipient's interest to do so. tf1 J ~ J 16F3 Codes of conduct t, The Recipient shall maintain written standards of conduct goveming the perfonnance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest wouk:I be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers. employees, and agents of the Recipient shaD neither solicit nor accept gratuities, favors. or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business. with the entrance door open to the public, and at least one employee on site, from Licensina and Permittina All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient f~ "\ 1 J , "'. .) 16F3 Attachment E Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, Calvin. Giordano & Associates. Inc., certifies, by submission of this document, that neither it nor its prinCipals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this fonn. SUBCONTRACTOR: palvin. Giordano & Associates. Inc. By$~\? ~~ Recipienfs Name John P. Downes. PE. Executive VICe President Name and Title DCA Contract Number 560 VdlafJe Blvd.. Suite 340 Street Address West Palm Beach. Florida 33409 City, State, Zip Februarv 1. 2010 Date lVJSi:J l~;:C ~~~ G.~ ~~~.J CiL I ~. ".' - ~ ~...~... . ~ .- . . _. . . -. [.; ." ..., . .' . .'. ~ ....;-; ...: ~ u_~I',i~.;....:j J 16F 3 Attachment F Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations. policies, guidelines and requirements, including OMS Circulars No. A-21 , A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-846) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 use 1501, et seq.) 3. It wUl comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It wit insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of VIOlating Facilities and that it wiU notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973. Public Law 93-234,87 Stat. 975. approved December 31,1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Seaetary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate. subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Ad of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Presefvation Ad of 1966 (16 use 5698-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by.(b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. tt1 ,iJ - -" 16F 3 10. It will comply. and assure the compliance of all its subgrantees and contractors. with the applicable provisions of Tille I of the Omnibus Crime Controt and Safe Streets Act of 1968. as amended. the Juvenile Justice and OeHnquency Prevention Act, or the Victims of Crime Act. as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders. circulars, or regulations. 11. It win comply with 1he provisions of 28 CFR applicable to grantS and cooperative agreements including Part 18. Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22. Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminallntelligenc8 Systems Operating Policies; Part 30. Intergovernmental RevieW of Deparbnent of Justice Programs and Activities; Part 42. NondiscriminatlonJEqual Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors wiI comply, with the non4scrimination requirements of the Omnibus Crime Control and Safe Streets Act. of 1968, as amended, 42 USC 3789( d), or VICtims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabltitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race. color, rerlgion, national origin. sex. or disability against a recipient of funds, the recipient win forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 use 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRU~FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug- Free Workplace Act of 1988. and implemented at 28 CFR Part 67. Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. l\1~SI.:! I 0 :8 ~,ld u Z 8:.U 0 l l~1-1~.;-1~-11P1'I":'-= i~'.;~': "1:~.:~~..1 i .. ." . --' ~ n-:l}\ 'prl:j';l . fA .J~. ~ . .~